Article 1 - Definitions.
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Artikel 2 – Identiteit van de ondernemer
Clearly B.V.
Duitslandlaan 20, 1966XB, Heemskerk.
Email: Contact@Clearly.eu
KVK: 84460350
Phone: +31 6 15672234
BTW: NL863219433B01
Article 3 - Applicability.
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Operator can not guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby imposed.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
- The visiting address of the trader's office to which the consumer can address complaints;
- The conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- The information on warranties and existing after-purchase service;
- The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
Each contract is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the cost of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented.
Article 8 - Exclusion of the right of withdrawal.
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur in accordance with consumer specifications;
- That are clearly personal in nature;
- Which by their nature cannot be returned;
- That can spoil or age quickly;
- The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For single newspapers and magazines;
- For audio and video recordings and computer software for which the consumer has broken the seal.
- For hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- Concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- The delivery of which began with the consumer's express consent before the expiration of the cooling-off period;
- Regarding betting and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
- They are the result of statutory regulations or provisions; or
- The consumer has the authority to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to dissolve the contract without cost and entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer may terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Article 14 - Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will at his discretion either replace or repair the delivered products free of charge.
Artikel 15 – Geschillen
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
